Posts filed under 'Australia'

1853: Three for the McIvor Gold Escort attack

Add comment October 3rd, 2016 Headsman

On this date in 1853, three bushrangers hanged in Melbourne Gaol for the sensational (and very nearly successful) McIvor Gold Escort attack.

Our hanged trio’s crime traces to the mad 1850s gold rush to Victoria, mainland Australia’s southwesternmost province* and more specifically to the McIvor Creek diggings near Heathcote. Gold was struck there late in 1853; by the next year, the place was heavy with prospectors. And gold, why, we know what gold does to men’s souls.

The notes are eternal but gold sings her siren song in every major and minor key; where she calls men, haggard and desperate, bearing pickaxes and gilded dreams, she also beckons in another register to their counterparts bearing ready sidearms and black hearts. Miners after a different name.

On July 20, 1853, some 2,300 ounces of gold extracted from the McIvor diggings were dispatched with an armed guard from the Private Escort Cmpany on its regular run to Kyneton. Here was a mother lode for characters who could stake it.

The July 20 gold escort encountered a blocked road and six desperadoes waiting in a well-orchestrated ambush: without bothering to demand the escort stand and deliver, the robbers opened fire on their prey, wounding four of the troopers — non-fatally, but enough to compel submission — and killing the coach driver, William Flookes, ere they looted the dray of treasure worth near £10,000.


19th century illustration of the attak on the McIvor gold escort.

When news of the incident reached McIvor, 400 outraged miners formed up in posses and set off in pursuit — but the robbers had planned their strike cunningly and were well ahead of the chase. Racing away through wilderness, they paused to divide their spoils near Kilmore and proceeded to Melbourne, where they scattered themselves and were able to duck a sweeping but essentially blind manhunt for several weeks.

Joseph Grey, George and Joseph Francis, William Atkins, George Wilson, and George Melville were perhaps on the verge of completing the caper by August 13 when George Francis got cold feet and turned himself into the police — shopping all of his confederates into the bargain.

Joseph Grey, the wiliest of the bunch, was cautiously changing his address every single night — and so George Francis’s information did not nab him. Grey managed to stay ahead of the search and make good an escape with his share of the booty: he was never caught.

The remaining four — including Joseph Francis, George Francis’s own brother — were all speedily snapped up.

A twist in the plot occurred when star witness George Francis slashed his own throat, leaving the crown with a virtually empty case until brother Joseph fulfilled the informer’s place, piously declaiming against the shootings as more crime than either Francis had bargained for. This self-serving pap came in for uproarious pillory by the defense barristers when the surviving Francis took the witness stand — “with your own person in danger, you would sacrifice your mother and tell any lie you rpoor intelligence could invent!” — but the stool pigeon’s evidence stuck, corroborated by accounts from the troopers who survived the ambush.

Atkins, Wilson, and Melville hanged together at Melbourne Gaol sixteen days after their judge donned the black cap. Melville’s wife availed her right to claim her husband’s body and scandalized Melbourne’s authorities by cheekily garlanding the corpse in flowers and putting it on display in her oyster shop on Little Bourke Street, charging half a crown per gawk. Melbourne Gaol’s hanged thereafter were exclusively buried within the prison yards itself, and Parliament soon legislated this as a nationwide requirement.

* While the gold rush brought many boom towns that expired with their associated mineral veins, it boomed the frontier town of Melbourne right into the gigantic metropolis it remains today.

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Entry Filed under: 19th Century,Australia,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Hanged,History,Murder,Pelf,Theft

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1943: Rev. Leonard Kentish, kidnapped Australian civilian

8 comments May 4th, 2016 Headsman

On lonely scrubland at the Aru Islands port of Dobo on this date in 1943, the Japanese military beheaded kidnapped Australian Rev. Leonard Kentish.

Nobody knew his fate at the time — his wife spent years tring to discover it — but the so-called “Kentish Affair” was one of the true oddities of the Pacific War: a civilian of no particular import to the war effort who was snatched from Australian territorial waters.

On January 22, 1943, the civilian Kentish, chief of Northern Territory Methodist missions to the aboriginal peoples, had hitched a ride on the HMAS Patricia Cam, a wooden tuna trawler that had been requisitioned as a wartime naval transport. The Patricia Cam wasn’t running any blockades — she was strictly for local cargo runs, in this instance shuttling among Elcho Island and the Wessel Islands just off Arnhem Land.

She had no radar capacity, and no inkling at all of her fate that afternoon when the Aichi E13A floatplane dove out of the sky and skimmed above the Patricia Cam, within 100 feet of the mast — dropping a bomb amidships that ripped open the trawler’s belly and sent her to the bottom.

While survivors scrabbled in the Arafura Sea for “overboard drums, planks, boxes — anything that would float” the raider circled for another pass, splintering with a second bomb an emergency canoe that men were crowding into, then strafing the waves with machine gun fire. Finally, the victorious seaplane set down in the waves.

And then mysteriously, the pilot gestured Rev. Kentish into the vacant seat of his plane, and took off. Kentish was the only prisoner taken, and his countrymen never again laid eyes on him.

Sixteen other people survived the attack and were rescued a few days later. But poor Mrs. Violet Kentish remained entirely in the dark as to the fate of her husband. “I know that Len is not beyond God’s love and care wherever he may be,” she vainly pleaded to the Minister of the Navy. “But you will understand because we are only weak humans, the heartache and longing for one we loved so much.” (Quoted in Australia’s Forgotten Prisoners: Civilians Interned by the Japanese in World War Two)

After World War II, she desperately resorted to firing letters to newspaper editors, until an intelligence officer chanced to read one published in the Argus and made the necessary inquiries via U.S. Gen. Douglas MacArthur’s staff in Tokyo to unravel the mystery. In the clipped official findings:

1. The Rev KENTISH was taken on board a Jap float plane on Jan 22 43 after it had sunk the patrol vessel HMAS “PATRICIA CAM” off WESSEL IS.

2. Unfortunately no info can be obtained of the whereabouts of the Rev KENTISH until 13 Apr 43, when he arrived at DOBO.

3. The Rev KENTISH was held at DOBO as a prisoner till the 4 May 43. Throughout this period he was subjected to ill treatment by severe bashings, the most common being punches in the nose and eyes to such an extent that his nose was broken, and he had great difficulty in seeing. His diet, as such, was just sufficient to keep him alive.

4. On the morning of 4 May he was taken in to the scrub, (a distance of under 200 yds from the township of DOBO) where a grave had been prepared, and executed.

5. The execution was carried out by the order of 1st Lieut SAKIDJIMA.

6. The remains of the Rev KENTISH have been recovered, and handed over to Capt STOCKWELL, of the War Graves Unit. They will be transported to AMBON, and buried in the Internees cemetery there.

7. This case is now considered closed. All dates must be treated as approx.

The consequence of this inquiry was a 1948 war crimes case against Lt. Sagejima Maugan, who was hanged in Hong Kong on August 23, 1948 for conducting Rev. Kentish’s execution.

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Entry Filed under: 20th Century,Australia,Beheaded,Cycle of Violence,Execution,History,Indonesia,Japan,No Formal Charge,Occupation and Colonialism,Religious Figures,Torture,War Crimes,Wartime Executions

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1863: James Murphy, after a reunion

Add comment November 6th, 2015 Headsman

On November 6, 1863, Old Geelong Gaol (op. cit.) hosted the hanging of James Murphy.

This horse thief, having been put to some light piece of penal servitude cleaning up the Warrnambool courthouse, noticed his minder kneeling over the fireplace and bashed that constable’s head with a three-point mason’s hammer.

Murphy made good his escape … for two days. He paid for those meager hours of harrowed liberty with his neck: a remarkable occasion, for it was noted that

[t]he executioner was a man sent down from Melbourne for the purpose, and a rather affecting scene took place when he was first introduced to his victim. It ap- peared the condemned man and he had been intimate friends in Tasmania, and as soon as he recognised him the tears began to roll down at the idea of his having to carry out the grim sentence of the law upon his old mate. He soon recovered his composure, however, and got through the remainder of his thankless office creditably.

The death mask taken from Murphy is still exhibited, and a display at the Old Gaol purports to re-create Murphy’s hanging. (His was the first of only two executions to take place within the gaol’s walls.)

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Entry Filed under: 19th Century,Australia,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Hanged,Murder

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1861: Robert Thomas Palin, under Ordinance 17 Victoria Number 7

Add comment July 9th, 2015 Headsman

On this date in 1861,* Western Australia’s Ordinance 17 Victoria Number 7 claimed its one and only victim.

Implemented early in Western Australia’s convict era as the influx of criminals made existing settlers jumpy, this law made a wide variety of violent but non-fatal crimes potentially subject to the death penalty when committed by an escaped fugitive.

Robert Thomas Palin was a newcomer to Australia, having debarked from a convict ship only in January 1860. Despite his burglary conviction back in the mother country, he was an exemplary prisoner and earned his ticket of leave (a sort of limited furlough). He even kept a house in Fremantle and took lodgers.

In May 1861, he threw every away every bit of good will and more by burgling another Fremantle home. A Mrs. Susan Harding awoke in the moonlight to find this invader looming over her bed — and he greeted her in that classic of convict argot, “Your money or your life.”

Mrs. Harding didn’t have any — in the words of her testimony on July 3:**

He repeatedly told me to “hush.” He took hold of me by the arm and pulled my hair about, and then pulled the bed clothes down, and felt about the bed. I was afraid he was about to commit some assault — he touched my night dress, not to move it, and then I got so dreadfully alarmed, that I jumped out of bed on the opposite side of the bed. I went to my looking-glass drawer, and took out a watch and chain, which I handed him, and prayed him to leave me.

Palin did so.

Although terrifying for Susan Harding, the encounter did not result in any injury; as Palin’s boot-prints were easily followed back to his own house, even her watch and chain were recovered. To send this offender to the gallows seemed like a punishment out of the wrong century, as Perth’s Inquirer and Commercial News editorialized (June 10):

Burglary attended with violence, however brutal that violence might be, so long as it did not result fatally, is not punished with death in the United Kingdom.

… What was the violence on this occasion? Catching hold of the arm of the principal witness; and it does not appear from the evidence that even the grasp was violent, nor was it necessary to be so according to the acceptation of the meaning of the word laid down for us. It was propounded by the Chief Justice that, strictly speaking, merely laying a hand upon a person, under such circumstances, constituted violence. Is this truly the spirit of the law? …

Palin might have taken everything in that house, yet he would not have been hung. He might have threatened with the presumed pistol, have gesticulated, have stormed and terrified the occupant of the chamber almost to the verge of insanity, and yet he would not have been hung, but he touched her arm, and death is the penalty. There is something horrible in this. But there is something more fearful still when we further look into the matter and find that had he committed any enormity, even to the shedding of blood, he could not have had awarded to him a more extreme measure of punishment. …

[It is our] fervent hope that never again may the pages of our Colonial History be inscribed with so terrible a record; that never again will it be our province to allude to an event of so dreadful a character as that which has lately passed away.

The fervent hope was realized. In the only other case where Ordinance 17 Victoria Number 7 was used to secure a death penalty for an ordinarily non-capital crime, the sentence was commuted.

* As of this writing, Wikipedia avers July 6. References from 1861 newspapers make it clear that this is erroneous. (example, another).

** Yes, that’s six days before the execution occurred.

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Entry Filed under: 19th Century,Australia,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Hanged,History,Milestones,Theft

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1799: Simon Taylor, for indulging in drunkenness

Add comment May 20th, 2015 Headsman

From the public-domain An Account of the English Colony in New
South Wales From Its First Settlement, in January 1788, to August 1801
(pdf):


April 1799

On the first of this month the criminal court sat for the trial of a soldier belonging to the regiment, who had a few days before stabbed a seaman of the Reliance, who insulted him when centinel at one of the wharfs at Sydney. The man died of the wound; the soldier, being called upon to answer for his death, proved to the satisfaction of the court, that it had been occasioned by the intemperance of the seaman, and he was accordingly found to have committed a justifiable homicide.

This accident was the effect of intoxication, to which a few days after another victim was added, in the person of a female, who was either the wife or companion of Simon Taylor, a man who had been considered as one of the few industrious settlers which the colony could boast of. They had both been drinking together to a great excess; and in that state they quarrelled, when the unhappy man, in a fit of madness and desperation, put an untimely end to her existence. He was immediately taken into custody, and reserved for trial.

To this pernicious practice of drinking to excess, more of the crimes which disgraced the colony were to be ascribed than to any other cause; and more lives were lost through this than through any other circumstance; for the settlement had ever been free from epidemical or fatal diseases. How much then was the importation of spirits to be lamented! How much was it to be regretted, that it had become the interest of any set of people to vend them!

Several robberies which at this time had been committed were to be imputed to the same source.

May 1799

Several offenders having been secured for trial, it became necessary to assemble the court of criminal judicature; and on the 16th Simon Taylor was brought before it, accused of the murder of his wife [Ann Smith was her name -ed.]; of which offence being clearly convicted, he received sentence of death, and was executed on the 20th at Parramatta. This unhappy man was thoroughly sensible of the enormity of his guilt, and in his last moments admonished the spectators against indulging in drunkenness, which had brought him to that untimely and disgraceful end.

At the same court, one man, Robert Lowe, was adjudged corporal punishment, and one year’s hard labour, for embezzling some of the live stock of Government, which had been entrusted to his care. He was a free man, and had been one of the convicts who were with Captain Riou in the Guardian, when her voyage to New South Wales was unfortunately frustrated by her striking upon an island of ice; on account of which, and of their good conduct before and after the accident, directions had been given for their receiving conditional emancipation, and being allowed to provide for their own maintenance.

Few of these people, however, were in the end found to merit this reward and indulgence, as their future conduct had proved; and this last act of delinquency pointed out the necessity of a free person being sent out from England to superintend the public live stock, with such an allowance as would make him at once careful of his conduct, and faithful in the execution of his trust.

It should seem that the commission of crimes was never to cease in this settlement. Scarcely had the last court of judicature sent one man to the gallows, when a highway robbery was committed between the town of Sydney and Parramatta. Three men rushed from an adjoining wood, and, knocking down a young man who was travelling to the last mentioned town, rifled his pockets of a few dollars. On his recovering, finding that only one man remained, who was endeavouring to twist his handkerchief from his neck, he swore that no one person should plunder him, and had a struggle with this fellow, who, not being the strongest of the two, was secured and taken into Parramatta. A court was immediately assembled for his trial; but the evidence was not thought sufficient to convict him, and he was consequently acquitted. The want of any corroborating circumstance on the part of the prosecutor compelled the court to this acquittal.

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Entry Filed under: 18th Century,Australia,Capital Punishment,Common Criminals,Crime,Death Penalty,England,Execution,Hanged,History,Murder,Occupation and Colonialism,Public Executions

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2015: Eight drug smugglers in Indonesia

3 comments April 29th, 2015 Headsman

Moments after midnight today, Indonesia shot eight men for drug trafficking.


Coffins and grave markers for the condemned, readied prior to their executions.

Bitterly controversial in Australia and dominating headlines there at this hour, the execution’s most prominent victims were Andrew Chan and Myuran Sukumaran, condemned as ringleaders of an Australian drug-smuggling ring dubbed the Bali Nine. (The other seven members of the ring have prison sentences.)

Australia has reportedly withdrawn its ambassador to Indonesia to protest Jakarta’s turning a deaf ear to the many public and private appeals it has floated on behalf of its citizens.

The others shot early this morning were:

  • Nigerians Okwuduli Oyatanze, Martin Anderson, Raheem Agbaje Salami, and Silvester Obiekwe Nwolise
  • Brazilian Rodrigo Gularte
  • Indonesian Zainal Abidin

The party of eight was initially to be as many as ten. Frenchman Serge Atlaoui mounted a legal challenge that has for now delayed his execution; Filipina Mary Jane Veloso, who has claimed that she was completely unaware of the heroin hidden in her luggage when she arrived in Indonesia as an Overseas Filipina Worker, was spared just minutes before the execution at Manila’s urgent request when the woman alleged to have been her handler turned herself into police in the Philippines. But neither Atlaoui’s nor Veloso’s death sentence has actually been lifted, and both could eventually be shot to death

Chan’s and Sukumaran’s executions in particular are playing worldwide as a stark culture clash relative to a West that is more and more backing off the drug war,* especially given the widely advertised rehabilitation of Bali Nine duo. Chan found god; Sukumaran, a passion for painting.


Myuran Sukumaran’s ominous painting from just a few days ago: “Time is Ticking: Self-Portrait”

But one of the most self-evident readings of the affair is as a banal exercise in political expedience.

Indonesian President Joko Widodo, who hasn’t the firmest grasp on power in his country, has a surefire political winner in executing drug smugglers — plus a cherry on top for defying Australian meddling into the bargain.

Not that Widodo was ever likely to waver, but his southern neighbor’s great gnashing of teeth probably only strengthened his resolve to pull the trigger. If the intent of Indonesia’s death sentence is to scare prospective mules off crossing Indonesian soil, it was so much free advertising.

“This cannot be simply business as usual,” Australian Prime Minister Tony Abbott said — but both leaders know the score. Countries don’t undo statecraft for common criminals.

Feelings are sure to be raw for the immediate future, and matters might develop quickly for the still-ongoing sagas of Serge Atlaoui and Mary Jane Veloso. Live blogs at the Guardian have a fascinatingly wide spectrum of reaction (Twitter intervention by @AxlRose!) from the evening of the execution and its aftermath.

* What’s past is prologue.

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Entry Filed under: 21st Century,Australia,Capital Punishment,Common Criminals,Crime,Death Penalty,Drugs,Execution,Indonesia,Last Minute Reprieve,Mass Executions,Not Executed,Ripped from the Headlines,Shot

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1964: Glen Sabre Valance, the last hanged in South Australia

2 comments November 24th, 2014 Headsman

On this date in 1964, Glen Sabre Valance became the last person hanged in South Australia.

Born Paul Fraser, he jazzed up the handle by cribbing the surname of the title outlaw from the 1962 John Ford Western The Man Who Shot Liberty Valance.

Like that Lee Marvin cutthroat, “Glen Valance” was destined to live a brutal life with a violent end.

In the early morning of 16 June 1964, the 21-year-old Valance broke into the home of his former employer, Richard Strang. He had a standing dispute with the Bordertown farmer over wages but his real grudge ran deeper than that. Strang had bemusedly read the sensitive youth’s diary to other farmhands weeks before, resulting in an altercation — and, after Valance drove off with some of his effects, a police report and an arrest.

Valance nursed “bad thoughts” against his tormenter, he muttered to his family. They turned out worse than anyone could have expected: bad enough to justify his adopted alias.

As Strang and his wife dozed in bed, Valance leveled his rifle at the hated ex-boss, and leveled the score. Then he seized the waking Suzanne Strang and raped her there in the bed sodden with the gore of her husband’s warm corpse.

As Valance hightailed it out of Kooroon Station, Suzanne Strang phoned police — and the resulting roadblocks snared the murderer that very day, with the murder weapon right there in the passenger seat … actually riding shotgun. Valance mounted an unsuccessful insanity defense.

In 2011, Lillian Clavell — ten years old at the time of her half-brother’s execution — published a book, A Tormented Soul: The Tragic Life of Glen Sabre Valance, the Last Man to be Hanged in South Australia.

In it, a Clavell still affectionate for her big brother points to their savagely abusive mother as the root cause of the adult Paul/Glen’s horrific crime. (Lillian says that her father shielded her from the worst of any domestic violence, but Paul had no father in his life and no such protection.)

I know she burnt his hands on the stove. I know she put his face through a window. Once she held a knife to his throat and said she’d kill him if he ever stole anything from the cupboard again. I believe that (abuse) led very much to his crime.

Valance was hanged in an unused guard tower (the “Hanging Tower”) of Adelaide Gaol. The facility is unused today, but the date November 24, 1964 and the letters GSV still remain printed on the brick wall.

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Entry Filed under: 20th Century,Australia,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Hanged,Milestones,Murder,Rape

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1858: Owen McQueeney, Green Tent Murderer

5 comments October 20th, 2014 Headsman

Murderer Owen McQueen(e)y was hanged on this date in 1858 at Gallows Flat down the road from Old Geelong Gaol.

McQueeney, a wandering Irish robber with one distinctively sightless eye, committed something called the “Green Tent Murder” which consisted of the slaying of the pretty proprietress of a structure that went by that name.

The Green Tent was a grocery and tavern serving Australia’s ample population of itinerant gold-hunters in the environs of Meredith, Victoria — specifically the environs of present-day Green Tent Road.

Fresh off a jail term for horse-rustling, McQueeney turned up at the ‘Tent in July 1858 and began creepily haunting the pleasing mistress with the well-proportioned stock shelves.

Until, for no known provocation save plunder, McQueeney murdered the widow owner Elizabeth Lowe and fled.

The poor woman’s body was chanced upon soon thereafter and travelers’ reports of a dead-eyed and overladen swag-man making tracks for Geelong soon zeroed the search in on the desperado, still carrying Ms. Lowe’s incriminatingly distinctive property.

McQueeney, who was noted for his obnoxious bravado from the moment of his first police examination all the way to condemnation, evidently labored until almost the very last “under the infatuation that he would yet be reprieved … on the ground of the great aversion entertained by a large class of people to capital punishment under any circumstances. This belief of his in the morbid sympathies of his fellow-creatures, there can be no doubt, induced him to the last to disown his crime” even though he admitted to many other ones. Nevertheless, he continued his irascible act all the way to the noose, griping at the executioner for holding him too tight and pulling the hood down too soon.

Notwithstanding (or better owing to) his notoriety, McQueeney was sought out posthumously by a crippled woman, who besought the indulgence of the sheriff to touch McQueeney’s dead hands to her own in hopes of obtaining a curative from the legendary power of the hanged man’s hand.


Modeled on London’s Pentonville Prison, Old Geelong Gaol — officially HMS Prison Geelong — hosted six executions in its initial incarnation from the 1850s to the 1860s. Two occurred within its walls; McQueeney’s and three others took place in a paddock a few hundred meters away.

Old Geelong Gaol was converted in 1865 to an “industrial school” for street urchins, and 12 years after that into a prison-hospital. The dusty old place, famous for is spartan amenities, resumed life as a working gaol after World War II and only closed in 1991 — but never had another hanging after the 1860s. Today it is open for public tours, complete with gallows exhibit.

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Entry Filed under: 19th Century,Australia,Capital Punishment,Common Criminals,Crime,Death Penalty,Disfavored Minorities,Execution,Hanged,History,Murder,Public Executions,Racial and Ethnic Minorities,Theft

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1922: Colin Campbell Ross, for the Gun Alley Murder

2 comments April 24th, 2014 Headsman

On this date in 1922, Colin Campbell Ross was hanged for the rape-murder of a little girl, still on the scaffold vainly protesting his innocence.

I am now face to face with my Maker, and I swear by Almighty God that I am an innocent man. I never saw the child. I never committed the crime, and I don’t know who did. I never confessed to anyone. I ask God to forgive those who have sworn my life away, and I pray God to have mercy on my poor darling mother, and my family.

Ninety-odd years later, folks finally believe him.

Ross had a couple of brushes with the law already to his rap sheet when 12-year-old Alma Tirtschke went missing in the vicinity of Ross’s Melbourne dive bar on December 30, 1921.

In a classic instance of police tunnel vision, the proximity of a violent felon to the murdered girl — for Alma’s body was found the next morning in nearby Gun Alley, which bestowed a popular moniker upon the case — soon formed the theory of the crime, the predetermined conclusion into which incoming evidence was read.

(It certainly catalyzed the investigation that the case became a media sensation. Rupert Murdoch’s father through the Melbourne Herald shamelessly hounded the Crown for each day’s delay, and jacked up the reward purse.)

Witnesses established that Ross had been tending bar all that afternoon; to account for that, it was necessary to posit that Ross had plied his prey with wine for several hours until he could finish her off after his shift.

Once arrested, despite continuing to assert his innocence to all and sundry, Ross proved to suffer from that universal tendency accused men have to senselessly unburden themselves to a random cellmate. The Crown could scarce shirk its public duty by omitting the incriminating evidence merely because it was related by a convicted perjurer. Ross, his accuser claimed, “said he was simply burning to tell someone.”

Still more damningly, a blanket from Ross’s home proved to have some strands of auburn hair glancingly similar to Alma Tirtschke’s — or possibly Ross’s girlfriend.

A Crown analyst from ventured to compare these under a microscope, and would later put it to the court that they looked like Alma’s. This would be the first time hair forensics were deployed in an Australian courtroom.

Was it not possible, asked Ross’s counsel — who genuinely believed his client’s innocence and fought the corner until the very last — that it might be almost literally anyone else’s auburn hair?

“Yes; quite possible, but not probable,” was the reply from the witness. “Because of the general similarity of hair.” Oh.

Even decades later this gotcha was being celebrated as a triumph of forensic science, for the blanket’s locks “corresponded exactly” with those of the victim.

But they didn’t correspond.

“The day is coming when my innocence will be proved,” Ross wrote in a farewell letter to his family.

That day took 85 years in coming.

In the 1990s, author Kevin Morgan stumbled somewhat miraculously upon preserved hair samples from the case and began an odyssey that would see him to officially exonerating Colin Campbell Ross.

Tests Morgan was able to arrange with the Victorian Institute of Forensic Medicine and then with police both agreed that under modern microscopic examination the hairs in question did not bear even a surface resemblance. With the support of the Victorian Attorney General and the Australian Supreme Court, Ross was granted a posthumous pardon on May 27, 2008 — the first person ever so distinguished in Victoria’s history.

Tirtschke’s own family, too, supported this result: they had long harbored their own doubts about the verdict. “She didn’t say who was the right man but she said the wrong man was hung,”* one descendant said of her grandmother’s recollections.

* Though a lesser horror compared to being railroaded in the first place, Ross’s hanging was also badly botched. An experimental four-strand rope failed to sever his spinal cord, leaving his dangling body to convulse as Ross wheezed his last breaths through a torn windpipe.

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Entry Filed under: 20th Century,Australia,Botched Executions,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Hanged,History,Innocent Bystanders,Murder,Notable Sleuthing,Posthumous Executions,Rape,Ripped from the Headlines,Wrongful Executions

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1789: Not Mary Wade, 11-year-old thief

1 comment March 16th, 2014 Headsman

Thanks to Aaron Molyneux for the guestpost. It’s just an excerpt of a much more detailed treatment Molyneux first made of this case on PrisonVoices.org. I’ve made a handful of minor edits to compress this excerpt, and added or moved some links. -ed.

On Wednesday the 14th of January 1789 Mary Wade stood in court at the age of just 11 years old and received the verdict that her life was to be cut short. For the robbery of one cotton frock, a linen tippet and a linen cap she was found guilty and sentenced to hang. Judged to have committed an adult’s crime, she would face an adult’s punishment.

Although in modern Britain theft may seem a quite unremarkable crime, in Mary Wade’s age robbery was dealt with by extreme punishment. The court suggested that Mary’s theft was equal to “holding a pistol to the breast of a grown person”. Whether or not Mary Wade was aware of the hard-lined punishments given to those who stole remains unknown but having committed a very similar crime at the age of eight, only to get away with it because of her young age, she did know it was a crime and therefore it would seem that there was an air of desperation about Mary’s actions.

Sentenced to die by hanging Mary was taken away from her mother and marched out of the Old Bailey. For a girl of Mary’s age this situation must’ve been a frightening ordeal. Being sent to Newgate prison was not for the faint hearted. It was a vile place deemed so unhealthy that Physicians often refused to go in. By the time Mary entered, Newgate was London’s main jail and Mary joined many others waiting to be hanged before huge crowds outside the prison doors. Arriving in irons Mary would have been faced with open sewage, disease and lack of water. It would be a shock to the system for anybody never mind an eleven year old girl. If those entering had enough money they would enter the Master’s side or the press yard where they would have beds, heat and have their irons removed. But those who could not afford would be thrown into the Common Felons side. These would go without bedding or proper clothing and be forced to slum in the overcrowded, rat-infested cells. Mary almost certainly would have been with the fellow women convicts in the Common Felons side.

More than likely alone, vulnerable and scared Mary would spent a total of ninety three days waiting to be marched out in front of the baying crowds which gathered outside the prison walls to watch convicts hang for their crimes. Ninety three days in which she would wait for her death.

Then, on the 16th of March 1789, in celebration of King George III‘s recovery from madness, Mary Wade’s death sentence was respited along with all other condemned women. Instead of hanging, she would be transported to New South Wales on the convict ship Lady Juliana.

Read on at Prison Voices for more on Mary Wade’s offense, and for her story as a transported convict — where she became the ancestor of a huge number of latter-day Australians.

On this day..

Entry Filed under: 18th Century,Australia,Capital Punishment,Children,Common Criminals,Crime,Death Penalty,England,Execution,Guest Writers,Hanged,History,Not Executed,Other Voices,Pardons and Clemencies,Public Executions,Theft,Women

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